statutory warranty rights

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Forums Strata law reform statutory warranty rights

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  • #117436
    Abbey
    Member

    Dear Amanda,

    Our scheme was registered on 5 March 2018 and to date does not have copies of any occupation certificates.

    Based on the strata plan registration date,  the scheme’s 2 year warranty is likely to expire soon, if it has not already. Is it possible for the 2 year warranty to be extended?

    What would be the process and/or documentation required to preserve statutory warranty?

    Can the scheme proceed to obtain an Occupation Certificate after the 2 year period has expired?

    We would appreciate your advice?

    #118065
    Amanda Farmer
    Expert

    Hi Abbey,

    The warranty period could only be extended by entering into a deed (a type of contract) with the builder/developer, by which they agree to extend the warranty. This should be done with legal advice and representation on both sides.

    Is it that you don’t have a copy of an occupation certificate that exists, or is it that an occupation certificate does not exist at all?

    If you know the occupation certificate exists but you don’t have it, you should be able to obtain it from the local council – it would have been lodged with them when issued.

    If the occupation certificate does not exist at all, this is something you should get urgent and specific legal advice on.  You may or may not want to alert the local council to this (you don’t necessarily want an order for everyone to vacate the building!) A lawyer should be engaged to consider and advise on your specific circumstances.

    Amanda.

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